Changing the Rules
by colorguard28
Summary: Second in the Rules trilogy. When Congress repeals DADT, Tony reveals a side of himself he'd hidden from most of his co-workers - and not all of them know how to deal with it. McAbby, Tony/OMC
1. Chapter 1

_AN: This is now the second story in my Rules trilogy, which started with Living By the Rules. If you haven't read that one, you should to understand McGee's thought process and decision. To recap: Living was a Borderland tag that had both Abby and Tony said something to McGee about dating after the Reynosa cartel mess resolved. After getting advice from Gibbs, McGee picked Abby, but left the door open with Tony because he had doubts about working things out with Abby. McGee (and Gibbs) are the only ones who know Tony swings both ways. Also, this is written for the No More DADT Challenge on NFA. _

**Changing the Rules**

**Chapter 1**

_December 18, 2010_

Gibbs smoothed the sandpaper across the wood, working it to a satiny gloss. His ancient TV droned in the background. When the news came across, he looked up, watching the celebrations going on outside the Capitol. As the reporter explained, he thought back to the previous afternoon in the bullpen.

-NCIS-NCIS-NCIS-NCIS-NCIS-

_Friday, December 17, 2010_

"I do not understand," Ziva said. "First the military creates this policy that prevents gay men and women from serving, then it considers removing it. The Senate does not vote, and now the Senate is voting. Even after passing my citizenship test, I do not understand this."

McGee looked up. "Wait, they're actually going to repeal Don't Ask, Don't Tell? I thought that had died a couple weeks back."

"That is what this website says," Ziva said. "I still do not understand why it existed in the first place. The Israeli Defense Forces did not have a problem with gay men or lesbian women serving. The only restriction was that if you were not open about it, you could not work in classified areas."

"So, were you open about it?" Tony raised an eyebrow and grinned. "Or were all those comments you made when you first got here just for show?"

She smiled at him. "Tony, you just cannot bear to think there is a woman out there who might not want you."

"Well, duh, Ziva." Abby walked into the bullpen, followed by Ducky and Palmer. "Have you ever been clubbing with Tony? He has women hanging all over him." She leaned on McGee's desk. "Why are we talking about Tony's love life? And why is Gibbs letting us?"

Gibbs kept his head down. He wasn't about to get in the middle of this, not knowing what he knew. He'd been taken aback in the fall to find out that both Tony and McGee were bisexual. He'd expected McGee to pick Tony — why else would he out them — but then the young agent had surprised him and decided to get back together with Abby. The two were still together, though there had been a few moments when Gibbs had picked up on enough tension to make him think the computer whiz and forensic scientist were going to call it quits soon.

"We're talking about Don't Ask, Don't Tell," McGee said. "They're actually going to vote on repealing it tomorrow — it seems to have the votes to pass the Senate."

"It's about time," Abby said. "Back before the stadium relocated all the gay bars down in Southeast, there used to be tons of servicemen there. Some of them would come over from 8th and I, others from Anacostia or the other area bases."

"Wait, you were-? But I thought-? You and McGee-?" Jimmy was so confused, Gibbs had to press his lips together to hide a smirk. Truth to tell, he wondered the same thing.

"Oh, come on, Jimmy. A bar full of men who love to dance and have no interest in hitting on me? My friend Chris brought me down there not long after I moved to D.C., and it was great."

McGee looked up at her. "Male or female friend."

"You've met Chris," Abby said. "The one whose lips could outSWAK Angelia Jolie's"

"Right," McGee said. "I should have known."

"Hey, it's not like you couldn't come with us," she said. "I invited you the last time."

"To go with you to a gay bar to watch naked, dancing men?" McGee's dry tone had Tony choking.

"Wait, why would McGee-?" As Palmer stammered to a stop, Gibbs wondered if Abby was about to out McGee to the team, or at least the half that didn't already know.

"I do not understand why Americans are so hung out on who a person has sex with," Ziva said.

"That's 'hung up on,' Ziva," Tony said.

"Up, out. What difference does it make how you are hung?"

Gibbs had to bite down on his lower lip to stop from laughing, but the rest of the team showed no such restraint. Abby collapsed onto McGee's desk in laughter as Tony sputtered and McGee snickered. Jimmy and Ducky were laughing as well.

"I- Never mind," Tony said.

"Good choice, Tony," McGee said. "There's no way that explanation could end well."

"Watch it, Probie," Tony said. "Nobody else has complained." He stopped and looked around, then sighed with relief.

"Right here, DiNozzo. Not headslapping you." Gibbs looked up and saw Tony relax a bit.

-NCIS-NCIS-NCIS-NCIS-NCIS-

Footsteps overhead drew Gibbs' thoughts back to the present. He waited to see who was coming to talk. When Tony's running sneakers appeared on the stairs, he wasn't surprised. But Tony sitting on the stairs and not saying anything was unusual.

He waited, and when Tony remained mute, Gibbs did the unthinkable. He started the conversation.

"Heard the news?" He jerked his head toward the TV as he kept working.

"Pretty hard to miss it," Tony said. "Especially after we were all talking about it yesterday." He paused, and Gibbs waited. And waited. Finally Tony spoke.

"You didn't say much, Boss."

"About the change? Nothing to say." He kept working the sandpaper over the wood. "Might mean more hate crimes for us to investigate. Not everybody's going to be OK with it."

"But you're OK with it, right, Boss?"

Gibbs looked over to see Tony sitting there, still. Not something he often saw from the senior agent. Apprehension clouded his green eyes, and Gibbs realized what Tony was waiting for.

"Doesn't matter to me who you sleep with, DiNozzo. Anybody else, for that matter. Long as it's consensual and nobody's cheating, not my business." He kept his hands moving, trying to keep the mood casual.

"So if one of your agents..." Tony's voice trailed off.

"DiNozzo, I don't have an issue with it," Gibbs said. "Rule 12 still applies — not letting a relationship among coworkers screw up the team — but I don't care if it's Abby and Ziva or you and McGee or you and Ziva — hell, even you and Palmer."

"Me and Autopsy Gremlin? Gibbs, that's just... No."

Gibbs looked over to see Tony making a face. He waited, wanting to see where this was going.

"But McGee and Abby can date?"

Gibbs straightened up, wincing at the crack in his back. "McGee proved to me back when he joined the team — and was already dating Abby — that he can keep it from affecting work. That's the reason behind Rule 12. He's honoring the spirit of it — that's what matters to me. He knows if that changes, if it gets in the way, it's a different issue."

Tony nodded. "So if I came in Monday talking about a hot date with a guy I met at a club tonight, you wouldn't feel any differently?"

Gibbs shook his head. "Might wait a week or so, though." He pulled out a sawhorse and eased a hip down on it. "Not everybody in the Navy Yard's going to feel the way I do. After the decision, there's going to be lots of talk this week. Do some recon, gather some intel."

Tony grinned. "Know where the land mines are before I start blowing them up?"

"Make sure you're blowing them up for the right reasons." Gibbs studied Tony's face as he flushed a bit. "Doing this to make somebody jealous... That would violate Rule 12."

Tony shook his head. "No, Boss." He sighed. "I don't know if those two are going to make it work or not. Half the time I think they will, and half the time I think they're one fight away from breaking up." He drew his knees up, wrapped his arm around them. "Part of that whole mess was because Tim didn't want to out me, so that limited his options." He shrugged. "So I figure better to out myself now while I have a chance, get everybody used to it. I pretty much gave up on women — at least for anything serious — after Jeanne, so it's not like this isn't going to come up at some point." He grinned. "Besides, if Abby's dragging McGee to gay bars, I'd rather she not be surprised if we run into each other there."

Gibbs nodded, following the younger man's logic. "Just be careful," he said. "Haven't lost you to the plague or any of those million concussions. Don't want to lose you to a bigot, either."

"I'll be fine, Boss," Tony said. "I'm on your team, remember? People at the Yard will think twice about messing with me just because of that. They've seen you on the warpath."


	2. Chapter 2

_AN: No, I didn't forget about this story. It just got pushed aside while I was working on other stories. Oops. Huge thanks to Kyrie for editing, as always. I plan to wrap this up by the end of the month, so there shouldn't be as long a wait for the next chapter._

* * *

><p><strong>Chapter 2<strong>

Tony grinned as he headed up in the elevator Monday morning. It had been a few weeks since he'd stirred up any major trouble, and the anticipation this time added an extra zing to his weekend enjoyment. And this had been one of the best weekends he'd had in a while. The clubs around DuPont Circle had been packed Saturday night as people who no longer had to fear for their job took this chance to go out and celebrate. And for the first time since Jeanne, Tony had felt like the old DiNozzo that Kate used to routinely scold for being a pig. Of course, if she knew what he'd been up to that weekend, she'd never let him live it down.

He smirked as he walked off the elevator into the bullpen and squelched his urge to laugh when Ziva narrowed her eyes at him.

"Good weekend, Tony?"

"The best, Zee," he said, waggling his eyebrows. "How about you? Your mysterious Miami guy visit?"

"He is traveling for work this week," she said. "So, what — or should I say who — has you smirking?"

"Oh, that wasn't it at all." Tony hadn't planned the segue, but this worked better than anything he could have dreamed up. "I was just thinking about something Kate once said."

McGee looked up from his computer. "Really?" He turned to face Tony. "If it's something Kate said, pretty sure she wouldn't appreciate the reason you're smirking." He pulled out the McEyebrow, and Tony grinned.

"A lot you know — Probie." He chuckled at the eye roll the old nickname always triggered. "I was just thinking Kate would be laughing her ass off at me right now." He paused. "Although she'd kill me for mentioning her ass, so maybe not."

"I'm going to kill you if you don't get to work." Gibbs rounded the corner near Tony's desk into the bullpen.

"Boss, Tony was just telling us Kate would be laughing at him." McGee smirked. "Don't we at least get to find out why, so we can mock him in her place?"

Tony could see the corners of Gibbs' mouth twitching. "Fine. Make it quick, DiNozzo."

So Tony decided to spin it out a bit. "Probie, you remember the Voss case?"

"Voss." McGee stared at him. "You're actually going to go there?"

Tony just smirked.

"I am lost." Ziva looked at Tony, then McGee. "What is this case?"

"Dirtbag scammed $12 million from the Navy," Gibbs said. "Killed Pacci."

"Yeah, and hid in plain sight for three years — as a woman." McGee walked from behind his desk to lean against it, crossing his arms. "Gibbs killed her."

"Deserved it," Gibbs said. "Pacci shouldn't have died that way."

"You got him, Boss. Or her." Tony made a face at the memory of Pacci lying in the elevator. "Good timing there — McGee and I were in pretty deep trouble." Tony sat back, arms behind his head, and waited for the rest of the story to unfold — and to see if McGee was actually going to admit he knew about Tony before today.

"What happened to you and McGee?"

As McGee explained what happened, Tony just waited for the punchline. He saw Gibbs struggling not to smile — the bossman knew where this was going.

"Tony was OK with the 'Victor/Victoria' reference, but Abby was a little squicked about how Voss decided to hide," McGee said. "Then Kate asked Tony-" He broke off and looked at Tony. "You're really telling this? You really don't mind others knowing?"

"What, that Kate didn't know what she was talking about when she thought I couldn't handle kissing a guy?" Tony waggled his eyebrows. "Like I said, she'd be laughing right now. Not that she'd believe I was serious, but hey, that was Kate."

Ziva looked at him. "I do not... Wait, you are saying you were swinging for the other team this weekend?"

"Batting, Zee," Tony said. "Not like there's any need to hide it now, not after the vote."

He watched McGee's face, the McGears obviously smoking along in his brain. Tony had a feeling there was going to be a very awkward conversation in his future.

"Hey, guys." Abby bounced into the bullpen. "So, how's everybody doing this bright, sunny Monday?"

"Tony was just telling us he was on a date with a guy this weekend," Ziva said. "I have not yet decided if this is an elaborate ruse on his part or if he is actually being truthful."

"Ziva, that hurts," Tony said. "Would I pull this kind of prank on you?"

"One word, Tony," McGee said. "Superglue."

Tony rolled his eyes. "OK, so I would pull a prank. But this would be mocking people, not pranking you guys, if I was lying. No prank - I'm giving it to you straight."

"Not if you're serious, you're not." McGee snickered.

"Timmy's right," Abby said. "So, Tony, did you enjoy being bent this weekend?"

"I always enjoy it, Abs," Tony said. "Am I enjoying telling you guys about it? Yeah. Nice to not have to hide for once." And he was surprised to find that was true. Sure, he'd done this partially to clear the field if Abby and McGee broke up and McGee was still willing to give him a chance, but it was nice not to have to hide a piece of his life from the team he considered to be family.

"If you all don't get back to work, there's not going to be anything _to_ hide because you won't have social lives," Gibbs said.

"On it, Boss." Tony started plowing through his e-mail and tried not to let his mind be distracted by Dan, the guy he'd run into Friday, then had dinner with Saturday.

Later that morning, he was headed out to get coffee when Gibbs followed him. They were halfway to the coffee shop when the team leader finally spoke.

"Thought you were going to wait a week, do some recon," he said. "That morning discussion is all over the Navy Yard already, and not all the scuttlebutt's good."

Tony looked over at Gibbs, noticing the tightness around his eyes. When he spoke, he deliberately kept his tone light. "You pissed at me for my big mouth or at them for being bigots?"

"Both." Gibbs frowned. "Taking a chance, Tony. You can hold your own in a fair fight, even an unfair one. But if a couple of armed, trained agents ambush you..."

"I'm parked right where one of the surveillance cameras has a good view of my car, and I'll make sure I walk out with somebody at night, Boss." Tony sighed. "You got any names I should be watching for?"

Gibbs shook his head. "You watch out for everybody, Tony." He paused. "I do have some names I'll be giving the director, though."

Tony nodded. Vance would take care of it. He might not like the man, but he respected him. Vance wouldn't tolerate that crap in the agency.

"McGee almost gave away that he knew before today," Gibbs said.

"More than almost," Tony said. "When Ziva starts thinking about it, her ninja senses will sniff out that he wasn't surprised I was out with a guy, he was surprised I was telling about it." He shrugged. "Ziva won't care — she'll assume McGee found out back before she joined the team. And Abby, who would care because she hates not knowing this stuff, wasn't around for that part of the discussion."

Gibbs nodded, and that was the end of that. They talked about cases until they got back to the office, coffees in hand.

"McGee is in Abby's lab," Ziva said.

"I'll take it down, Boss," Tony said. Once he got off the elevator on the lower floor, he moved quietly, hoping he could sneak up on the Tech Twins. He paused outside the lab and listened to them talk.

"I can't believe Tony didn't tell me," Abby said. "We could have totally gone clubbing together."

"Abs, think his point was that he didn't feel comfortable with anybody knowing," McGee said. "It's not like anybody knows I've been with guys before."

"I know, Timmy."

"Yeah, but you know because you're my girlfriend," McGee said. "I tell the people I date; I don't tell teammates."

Tony was tempted to walk in then — he could have such fun teasing McGee — but he remembered his promise to Gibbs that this wasn't about trying to break up him and Abby or to get McGee. He hung back until the conversation turned to a safe topic, then he walked in.

"McGee, coffee. Abs, they were out of Caf-Pow, but Gibbs is going to hunt one down after he talks to the director." Tony grinned. "So, since we don't actually have a case, what are you two plotting down here?"

"Oh, no, Tony, you don't come down here after this morning and ask about cases. I want to hear about your weekend." Abby pushed him into a chair. "Spill, and I'm not talking about your coffee."

"You sure about that, Abs? Might be too much for McVirgin's ears." He grinned at the glare McGee shot him.

"Watch it, DiNozzo." McGee snapped. "Abs, I'm headed back up before Gibbs comes down asking where I am." He headed out, and Tony turned back to Abby.

"So, what did you want to know?" he said.


	3. Chapter 3

**Chapter 3**

Abby watched as Tim stalked out, but quickly turned her attention back to Tony. "So you're switching teams and didn't tell me?" She punched him in the shoulder. "I would have taken you clubbing with me if I'd known."

Tony put his hands on her shoulders and guided her into a seat. "OK, Abs, chill out for a minute." He took a deep breath. "I wouldn't have gone." She opened her mouth, but he put a finger to her lips. "Abs, just listen for a minute, then you can ask all the questions you want." He looked at her. "Can you do that?"

Abby nodded and pulled away so she could mime zipping her lips.

"I know this is tough for you to understand, our lovable Goth, but there are lots of people out there who don't approve of people who are different and aren't shy about making that known." He tugged gently on one pigtail. "You're the only one in the building who could get away with these. Or the collars or the boots." He shrugged. "Some of that is because everybody loves you, and some is because everybody knows Gibbs would kick the ass of anybody who gave you grief. And if there was anything left of that person, McGee, Ziva, and I would finish the job."

Abby giggled at the image. Before she could say anything, Tony went on.

"I'm not as universally loved as you are, Abs, and what I'm hiding is something that a lot of people have major issues with. Just look at how long it took to repeal Don't Ask, Don't Tell. And when it first passed, it was a huge step forward. Before that, you could be harassed no matter how far in the closet you were." His lips twisted in a grimace. "There's more than one reason I didn't go from military academy into the actual military."

Abby had to press her lips together to keep from saying anything, but she wrapped Tony in a huge hug, squeezing him tight.

"Need to breathe, Abs." He sounded breathless, and she pulled back.

"Sorry, Tony." She bit her lower lip. "I just... I mean, Heather in legal asked Ziva to lunch a few times, and nobody's ever batted an eye at me no matter what kind of hinky stuff I do, and-"

He pressed his finger against her lips again. "Double standard, Abs. Two women? No guy's going to mind about that, not if they handle it right. But two men, especially in a tough-guy environment? Messes with a lot of people's perceptions. Trust me, this morning's news is already all over the Navy Yard, and Gibbs is sending Vance a list of names because of comments they've made."

"Who?" Abby jumped up, fisting her hands. "Nobody harasses you and gets away with it."

"He didn't tell me, and he's not going to tell you either." Tony put his hands on her shoulders and squeezed. "I appreciate the support, but Gibbs and Vance will be rougher on them than you could ever be." He dropped his eyes to the ground, releasing her and stepping back. Abby could see the tension in the way he held his shoulders and realized it was time to change the subject.

"OK, I'll let Bossman handle this," she said. "But I want to hear all about your date! What's he like?"

Tony boosted himself up on the lab table. "Nice guy, even if he is a Red Sox fan." He made a face. "But I'm a Mets fans, not a Yankees fan, so we can work around that."

Abby rolled her eyes at the sports talk. "But is he hot?"

Tony smirked. "This coming from somebody who's dating McGeek? Don't get me wrong, he's a great guy, but nobody's every going to be calling him McHottie."

Abby stuck out her tongue. "I like his geeky parts," she said. "And you have to admit, he's gotten buff."

"I'm admitting nothing," Tony said. "I don't spend that much time checking him out." A flush washed across his cheeks.

"Tony, you never blush." Abby grinned. "If it's not McGee, you've been checking out somebody. Come on, spill."

"I thought you wanted to hear about Dan." Tony got up from the lab table and started walking around. "He's not your type — too much of a jock — but that works for me. Good muscles, and he knows how to show them off when he needs to."

"Really." Abby followed Tony's progress around the lab. "You spend a lot of time admiring his... muscles this weekend?"

"Not those muscles, Abs." Tony turned to face her. "I know you're not familiar with this concept, but we actually didn't go right to sex."

Abby just stared. "I'm not familiar with the concept? Tony, you've had more sex than anybody I know. Even more than me. Since when do you take it slow?"

"I didn't take a vow of celibacy. I just didn't take him home with me Saturday," Tony said. "But we've got our third date tonight, if we don't catch a case, so I'm pretty sure I'll be seeing all his muscles before too long." He waggled his eyebrows and grinned. "He's a carpenter, specializes in historic restoration, so he does almost all of his work with hand tools."

"So you're looking forward to him getting his hands on your tool?" Abby smirked. "Bossman has some sweet calluses on his hands from the boat. I've wondered a few times what those would feel like running over bare skin. You'll have to let me know."

"McGee know you have a thing for Gibbs?" Tony arched a brow at her.

Abby snorted. "Come on, you've never thought about, oh, Ziva's hand-to-hand skills in bed? It's the same thing. Just because you're curious doesn't mean you actually want to try it out."

"Well, I do have this coworker who likes all sorts of kinky things that I've wondered about before." Tony grinned and ducked as she reached over to punch him in the arm.

"Go on, get out," Abby said, shooing him away. "But I want details later."

She managed to put Tony's new bent — well, new to her anyway — out of her mind until Ziva came down after lunch.

"Hey, Ziva," Abby said. "I thought you were McGee." She started measuring samples into vials to load into Major Mass Spec.

"No, Gibbs has Tony and McGee down at the target range this afternoon," she said. "I just went the other day, so I told him I was coming down here to help you."

Abby frowned. "But you don't do lab work. That's Timmy's thing, not yours."

"You are right, I do not." Ziva pressed her lips together. "But I am puzzled, and I thought you might be able to help me."

"Anything." Abby finished the samples and turned to place them in the spectrometer. "What's got you puzzled?"

Ziva hesitated, and Abby looked back over her shoulder. Her friend's face was serious, more serious than usual. "Ziva?"

"This morning, what Tony said-" She paused. "I did not see that before. I did not... I have never seen any sign he was interested in men."

Abby finished placing the vials in the rack and started the tests. She hesitated, as Tony's words earlier came back to her. "Ziva, you don't have a problem with Tony dating men, do you? I mean, I know you two flirt a lot, but-"

"No." Ziva shook her head. "I mean, yes, we do flirt. We have always flirted. But we are not serious. And I do not have a problem with Tony dating men — as long as they do not have fathers who are arms dealers."

Abby couldn't help but laugh at that, even as she shook her head. "Then what's wrong?"

"I am... I am a trained observer," Ziva said. "When I was Mossad, I compiled very thorough dossiers on each of you. I even knew about Shannon and Kelly before I met Gibbs, and that secret was buried very deep." She lifted a hand to toy with the Magen David around her neck. "In all my research, I did not pick up on this information about Tony. And I have never seen anything since joining the team to make me think I would ever hear him talking about a date with a man." She took a deep breath. "It makes me wonder what I missed and what I might have missed about the rest of you that means I do not know you as well as I thought."

Abby widened her eyes and looked at Ziva. She'd never thought of it like that. And she needed to make sure Ziva didn't start poking around or she might find out about Timmy. Not that Abby minded; she didn't mind if her boyfriend had sometimes had boyfriends in the past. But Timmy'd said he didn't share that information with his teammates, and Abby didn't want him to have to deal with a Ziva who knew.

"Ziva, I don't think any of us knew," Abby said, realizing she'd been quiet too long. "Gibbs maybe, because he knows Tony better than anybody. But from what Tony said earlier, I don't think he's actually had a date with a guy in a long time — long before he joined NCIS. Shannon and Kelly, that's different. If any of us had ever gone looking digging into Gibbs' past... We just didn't know to look. But if Tony hasn't dated guys, how would we know? I mean, unless we learned how to read minds and only Gibbs can do that and he totally would never share his secret because that's the Gibbs-magic."

Ziva held up a hand. "Yes, Abby, I see what you are saying." But she did not look up. "I do not blame Tony for wanting to keep it a secret. I understand what it is like to keep a secret that you are afraid will make people see you differently."

Abby bit her lip, noticing Ziva never looked up. She thought about what Tony had said earlier — that not everybody could get away with being different. She wrapped Ziva up in her arms, hugging her until she felt the tension leave her friend's body.

"It really doesn't change anything," Abby said. "Tony's just the same person he always was. We all are."


	4. Chapter 4

_AN: Thanks for all the reviews on this - I'm still getting caught up after being on vacation, so if I haven't replied to yours yet, that's why. Just two chapters to go after this one. _**  
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><p><strong>Chapter 4 <strong>

Ziva was working on a cold case when the men returned. She could tell they either had not made it to the range or had gone to the gym afterward — both Tony and McGee had taken showers, and both bore the bruises that came from one of Gibbs' sparring sessions. They settled into their desks without saying much. Throughout the afternoon, she worked on her case and observed her teammates. McGee was rolling his right shoulder a bit, reaching up periodically to rub at it. He cast occasional glances at Gibbs, but otherwise worked steadily.

Ziva was sure Gibbs knew about the looks, but he did not acknowledge them. He glared at his computer, but that was hardly unusual. However, he did look over toward Tony from time to time, as though he was waiting for something. What, she did not know.

Tony was definitely not his normal self. He kept shooting McGee looks, but the junior agent did not seem to notice them. At first Ziva thought it was deliberate, but McGee's repeated looks to Gibbs made her think he was so focused on the team leader that he was oblivious. Also, Tony was unusually quiet, and Ziva did not think his split lip had anything to do with that. It was not his first, and he normally kept up the jokes, no matter how badly he was hurt. At least when the hurt was physical. When her partner's emotions were in turmoil, he either became far more manic, a parody of himself, or shut down completely. She could not tell what had caused this change, so she kept her eyes on her work and waited to see what developed.

After about an hour, Tony went out for coffee. Once he did, Gibbs walked over to McGee's desk. Ziva couldn't hear Gibbs' comment to her teammate, but she heard McGee's response.

"Boss, I'm fine. I don't need to see Ducky."

"It's not a request, McGee."

Ziva could almost feel the two men staring each other down, even though she was not looking at them. She did not look up until after McGee headed for the back elevator, muttering the entire time. However, the expression on Gibbs' face squished — squashed? quashed? — any notion she had about asking him what was going on. He looked around the squad room before sitting at his desk, stabbing his keyboard until it rattled. Ziva looked away and decided perhaps retreat was the better option, at least until she learned more.

Abby often knew more than most, but she must not know about this or she would have been up to check on McGee. Jimmy, likewise, often heard the office scuttlebutt, but with McGee visiting Ducky, she could not check with him. And Tony, of course, was not an option. That left only the break room, though the accuracy of what she heard there often was less than she would prefer. Still she had learned with Mossad never to dismiss a source of information and slipped an item into her pocket before heading there. She approached cautiously, hoping to avoid a repeat of that morning when all chatter about Tony's date stopped as soon as she walked in.

She used the pocket mirror from her kit to check if anybody was in there and saw two agents in the alcove where the microwave and other appliances were located, their back to her. Ziva waited, just out of sight, and listened.

"So has anybody seen Waterman since McGee whaled on him?" one agent said.

Ziva blinked at the unfamiliar expression. What did McGee have to do with big sea creatures? She made herself relax and listen, not wanting to get caught.

"He's pretty beat up," the other agent replied. "Didn't realize McGee had it in him." The agent paused, and Ziva heard the clink of coins in the candy machine. "So what did Waterman say to piss McGee off?"

The first agent snorted. "You mean you didn't hear DiNozzo this morning? Apparently he decided after the repeal of DADT that all his stories, not just the ones about the women in his life, are appropriate for public consumption. Waterman's been muttering ever since they started talking repeal again last week, so Balboa and Gibbs must have decided having Waterman spar with McGee was safer. Waterman probably would have complained that DiNozzo touched him the wrong way. Last thing anybody needs is HR and the director looking into sexual harassment claims, especially between two guys."

Before the other agent could reply, Ziva heard somebody coming and knew she had to walk into the room or be caught. When the men caught sight of her, they stopped their conversation. Well, now she knew McGee had gotten in a fight with Agent Waterman. Knowing McGee, the man must have said something about Tony — McGee was not ordinarily given to beating up people. It did not explain Tony's split lip though. But if Tony knew he was the reason for the fight, it was little wonder Gibbs waited until Tony had stepped away to send McGee to Ducky. McGee's injury would only be one more thing Tony would blame himself for, and his silence earlier indicated he was already blaming himself.

When she returned to the bullpen, Gibbs was nowhere to be found, and McGee was still down with Ducky. Maybe even with Abby. But Tony was back at his desk, working. Ziva hesitated, then walked over, sliding one hip on his desk.

"Yes, my little ninja?" But his smile did not reach his eyes, and he did not sound like his normal self.

"I do not know what happened downstairs, but if you need anybody killed, I would be more than willing. And I believe Abby would cover it up."

That brought a genuine smile to Tony's face. "Ow." He pressed a hand to his lip, which had started bleeding again. "Thanks, Ziva. I'm not the one who took a beating, though. That was McGeek." His eyes dropped. "He was grappling with Waterman while Balboa and Gibbs were watching me and Andretti in the ring. Then McGee started in on the jerk and I stopped — Andretti's right hook didn't."

"You stopped because McGee was defending your honor, yes?"

As Tony's cheeks colored and he kept his his head down, Ziva realized she had perhaps missed more than just Tony's interest in men. "No? That is not the right expression? He was sticking it for you?" She frowned.

"Sticking up for me, Zee." Tony shrugged. "I don't know what that idiot Waterman said, but judging by McGee's reaction, I'm guessing he made some crack about my sex life."

"And Gibbs did not kill him?" Ziva lifted an eyebrow. "He is OK with this, yes?"

Tony nodded. "I talked to him Saturday. He's fine with it." He didn't say anything else.

"So, this Waterman. It does not matter which of you he beat, I still will hurt him for you."

"No need — McGee already did." Tony started to grin, but winced and pressed his hand to his lip. "Our little probie's all grown up."

"He has been grown up for a while," Ziva said. "I thought you of all people would have noticed." Tony flinched, and she laid a hand on his shoulder. "I am sorry. I did not mean..."

"It's that obvious?" He stared at his hands on the desk.

Ziva knelt and waited for him to look at her. "It is not. I did not realize until a few minutes ago." She hesitated. "I will not tell him. And I am sorry for you. It is not easy to be interested in somebody who will never be interested in you in return."

Tony just looked at her. It felt like forever before he spoke. "Thanks," he said. "Can you... not mention this to Abby?"

Ziva nodded. "I will not. Even if McGee is not interested in men, it will be awkward for her to know." She had many more questions, but this was not the place or the time. Instead, she stood and rested a hand on his shoulder. "If you need anything else, you will let me know?"

He nodded. "Right now, we'd better get back to work before the Boss shows up."

Through the rest of the afternoon, Ziva watched as first Gibbs, then McGee came back. Tony seemed more relaxed, and McGee had stopped looking at Gibbs for a reaction. She could only hope Ducky had been able to address whatever was bothering McGee, which might have been Gibbs' reason for sending him down there in the first place.

As the minutes ticked by, Ziva wondered if Gibbs had talked to Waterman or to Balboa or to Vance — even to all three. He would not just let Waterman's comments go, not even if McGee had beaten the other man to a pulp. It was not in the team leader's nature. The man was like a bear with his cubs when somebody messed with the team.

When they had talked about the repeal last week, she had not understood why it was such a big deal. She had difficulty understanding Americans puritanical attitudes toward sex, and this seemed no different. However, seeing the consequences in action, she began to understand why the military was so concerned. Fighting during an unarmed training exercise was one thing. But to serve in a military unit, to have to trust people who might be happy to abandon you because of your orientation... She had a new appreciation for what it had taken Tony to walk in here this morning and tell them. Now she hoped he would not regret his choice.


	5. Chapter 5

_AN: Yay! This piece of the trilogy is finally done._ _Thanks for all the reviews —__ I think I finally got caught up. Also, thanks to Kyrie for pushing me to keep going with this story. She didn't get a chance to do a full edit on this chapter because I had to finish posting for an NFA Challenge deadline, so all typos and mistakes are completely mine. _**  
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><p><strong>Chapter 5 <strong>

McGee managed to get through the rest of the day without Tony asking what Waterman had said to him. Apparently keeping his head down and focusing on his work held him off — that or Ducky keeping him in Autopsy for almost two hours examining his shoulder and forcing him to drink tea.

He rolled it out a little, testing it, but it was still sore. As he sorted through his closet looking for something to wear on his date with Abby, he sighed. She would be here soon, and tonight was her turn to pick what they did. He wasn't lucky enough to get the bowling nuns — that was Thursdays. No, with his luck they would end up at a club, when all he really wanted was a quiet night in. But then, that's usually what he wanted, which is why they alternated picking.

He finally settled on a button-down shirt — easier to work over his shoulder — and dark jeans. Before he could put on his sneakers, he heard Abby walk in.

"Timmy?" She stood in the doorway to his bedroom.

He smiled. "I'll be ready in a minute. What are we doing?"

She crossed her arms. "First, you're telling me why I had to hear from Palmer that Waterman almost dislocated your shoulder today."

"He didn't, Abs. It's just sore." He looked up to see that his girlfriend was not smiling. He stood and walked over. "Ducky checked me out, I swear."

She nodded. "How do you think Palmer knew about it?"

Tim made a face. "Yeah, right." He shrugged, wincing.

"That settles it." Abby stepped back. "We're staying in tonight, and you're going to let me give you a shoulder rub."

He raised an eyebrow. "Are you sure?"

She nodded. "If we go out, you're not going to have fun. And after standing up for Tony, you deserve to be pampered a bit." She turned and headed for the couch, tugging him along.

"Abs, how do you know I was standing up for Tony?"

She looked over her shoulder. "Timmy, Waterman's comments about Tony's news this morning were all over the Navy Yard by lunchtime, him and a couple of other jerks. Then you almost beat him to a pulp on the mats. Bert could have figured that out, and he's not the best scientist at NCIS."

"Good point." He followed her to the couch, where she motioned for him to sit on the floor.

"Wait, shirt off." She stopped him from sitting, and started unbuttoning his shirt.

"Abs, I can do it."

"I know." She bit her lip and looked up. "But let me?"

He nodded, and followed her trembling fingers as they fumbled with the buttons. Once undone, she slid the shirt down his shoulders, flinching when he winced. "I'm sorry."

"It's OK. Ducky said it would be sore for a few days."

She smoothed her fingers around the edges of the bruise that darkened his shoulder. "I was wrong this morning." She hesitated. "When I complained because Tony hadn't told me, I was wrong."

McGee just waited, wondering where she was going.

"He explained things to me, and I kind of got it," Abby said, sitting down and unbuckling her boots, tugging them off. "But then Jimmy told me about what happened and now I really get it." She stood back up, now several inches shorter, and he pulled her in for a one-armed hug. "Timmy, promise me you'll be careful."

He let her go and used his good hand to tip up her chin, looking into her tear-filled eyes. "Abby, I'm fine, I promise." He reached in and kissed the tip of her nose. "Gibbs wasn't close enough to hear what Waterman said, but he knows enough. And you know Vance is going to want to know why I beat Waterman up. They'll take care of it. And knowing them, whatever they do will make anybody else think twice about taking on Tony, or anybody else who comes out."

She nodded, and blinked, then shook her head. "OK, Timmy, time for your massage." She pointed to the floor, and he sat, legs crossed. She climbed onto the couch behind him, one leg on either side of him, and smoother her hands across his shoulders before starting to massage. She kept her touch gentle on his sore side, but Tim still could feel the tension melt away.

They didn't need to talk, though most of the team would have been surprised to think as Abby as quiet. But ever since they first met, they could be quiet together and still be in sync, or chattering away, completing each others' thoughts. It was familiar, and comfortable, and just what he needed after that day.

When he felt her hands stop, his shoulders were boneless goo. "Mmmmm."

Abby giggled. "OK, time to get up, Timmy." She came around in front of him. "Come on, let's go lie down."

"Abs, I'm not really up-"

She cut him off. "Just to relax." She held out her hand and helped pull him up. "If you settle into the couch, I don't think you're going to get up and then you'll really be sore in the morning."

He just nodded and followed her into the bedroom. "Are you staying?"

"Do you want me to?"

He thought about it, and nodded. She would keep him from thinking too much about everything that had happened. Abby would snuggle into his side and he could fall asleep draped in soft curves and black hair that smelled of gunpowder and roses.

They undressed and crawled into bed, Abby sliding one hand across his chest. "You're sure Tony's going to be OK?"

Tim didn't know what to say. After a minute, he asked another question. "Did he talk to you about this guy? Tony didn't just do thing for a one-night stand, did he?"

"McGee!" Abby lifted her head and looked at him. "Tony wouldn't do that." She smiled. "No, he actually sounded pretty into this guy. More than I've heard him sound about anybody since... since Jeanne."

"Really?" Tim ran a hand along Abby's spine. "That's... not what I was expecting." He thought for a minute, before deciding he was mostly happy for his friend. "Good for Tony. He's needed somebody special." And if a little bit of him was sad it wasn't him, he couldn't deny that most of the time, things with Abby were just what he wanted.

"So what did Waterman say?" Abby didn't look at him, just traced patterns on his skin.

Tim took a deep breath, trying to quiet the irritation from the memories. "He was just being an ass." He paused. "Tony and Andretti were in the ring, and we were grappling. He made some comment about how he was glad it was me — he wouldn't have to worry I was trying to cop a feel."

"Ew." Abby made a face. "Like he'd think Ziva or I would try if we were grappling with him? Or Kate? She would have kicked him in the balls for saying something like that."

Tim nodded. "Oh, she definitely would have." After all these years, he could finally think of the memory without flinching. "She did to me, and all I did was admit I was holding back because I'd never wrestled a woman before."

Abby laughed. "Oh, you'd wrestled with a woman before, Timmy. Just for other reasons."

"Kate wasn't you, though," he said. "And for Waterman to assume..." He frowned. "You know how I said I'd told you I like guys, but it wasn't something I shared at work? This is why." He took a deep breath, inhaling Abby's scent. "Waterman only thought he could get away with saying what he did because everybody knows we're dating, so he figured I was straight and would be just as phobic about grappling with Tony as he was."

"Waterman's an idiot." Abby snuggled closer. "And Gibbs and Vance will take care of him."

He wrapped his good arm around her and kissed her forehead. It wasn't long before they were asleep.

**-NCIS-NCIS-NCIS-NCIS-NCIS-NCIS-**

The next morning, the entire team was quiet. Even the news that Waterman had been suspended for two days because of what he had said the day before didn't liven things up. None of them wanted to talk about it, and the rest of the Navy Yard was talking about nothing but. And the call from Dispatch sending them out on a case never came. McGee couldn't decide if that was bad or not. He was on desk duty and wouldn't be able to go, but with Tony and Gibbs gone, the rest of the building might simmer down. About 1030, Gibbs turned to Tony.

"DiNozzo, coffee and Caf-Pow for the team."

"On it, Boss." McGee couldn't miss the look of relief on Tony's face. The senior agent had been stonefaced since a few comments drifted their way earlier in the day, from agents who shut up as they approached the bullpen.

"Take McGee."

McGee bit back a curse. Gibbs was doing this on purpose. He knew enough to know the two of them needed to talk, and he must have figured that Tony's lack of pranks this morning meant they hadn't. As he followed Tony out of the bullpen, he wondered how to start what had to be the most awkward conversation ever.

They were outside the NCIS building when Tony broached the subject. "Thanks for yesterday, Tim." He paused. "It wasn't tough to find out what Waterman said."

"Waterman's a jerk." McGee shook his head. "He figured just because I was dating a woman he could say something like that."

"Yeah, well." Tony didn't say anything else, and McGee looked over at him.

"Do you regret it?" He wasn't sure what answer he wanted Tony to give. For long moments, Tony didn't say anything. They were almost at the coffee shop before he spoke.

"Maybe I should," he said, "but I don't." He paused. "You know, I planned to go out clubbing after I talked to Boss on Saturday." Tony sighed. "I figured, after we all talked about it Friday, that I should just out myself, do it as part of the repeal."

"Wait, you did this because you _wanted_ to be outed?" McGee stopped and turned to look at his friend.

"I did this because the man I liked works with me, and I figured if anything ever happened, it would be easier for people to accept if they weren't also learning I was bi." Tony paused, and McGee held up his hand.

"Liked? As in past tense?" After talking with Abby last night, that little thought had been circling around in his head.

Tony shrugged. "What do you want me to say, Tim? It's only been a few days, but Dan and I are really hitting it off. And you and Abby, well, it's been almost four months, and you guys are still going strong."

And McGee didn't really have a response for that. Because Tony was right. It wasn't until 10 minutes later, when they were heading back to the office, that he did.

"I hope things work out with you and Dan." And as he said it, he knew it was mostly true.

"Really?"

"When you asked, it was bad timing on my end. And now, even if I was available, it's bad timing on your end." McGee picked his words carefully. "Working together, dating, it's rough. Believe me. Add in all the crap you've gotten this week, multiplied by two..." He hesitated. "If there is a point where you and I both are available, that's great. But if it were supposed to happen, you'd think it would have. And I know you said you didn't want me to pick you over Abby, then realize in six months I'd made the wrong choice. The same goes. I don't want you to wait and pass up somebody who could be special and right for you because of me."

"So we're good?" Though Tony sounded confident, McGee could see a bit of something else in his eyes.

McGee just nodded and reminded himself that this was his decision, had been from the beginning.

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><p><em>AN: Don't forget, there's one more story in this series. Not sure when it will be posted, but there is more to tell.<em>


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